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North Carolina

Recouping training costs when workers leave

03/01/2008
Q. It costs a lot to train new employees, so naturally we are upset when those employees leave. They benefit from the training, and we are out the cost. Can we recover training costs if an employee leaves? …

Can we mandate direct deposit?

03/01/2008
Q. We’d like to get away from paper payroll checks. May an employer require employees to receive wage payments by direct deposit only? …

How long must we retain the records on former employees?

03/01/2008
Q. We’re drowning in paper and have pretty high turnover. That means we keep records for lots of former employees. How long is an employer required to keep employment records and notices under state law? …

Binding employees to noncompete agreements

03/01/2008
Q. We want to bind existing employees to a new noncompete agreement. Can we simply make agreeing to the contract a condition for continued employment? …

Firing justified if employee tries to short-Circuit system

02/01/2008

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination …

You can require employees to undergo medical evaluations

02/01/2008

Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same …

Carefully consider FMLA request to prevent double damages

02/01/2008

The FMLA has a built-in penalty for intentionally interfering with the law. Courts can double the damages when they believe an employer acted to circumvent the FMLA. Acting in good faith is the key. Even if a court finds in favor of an employee’s FMLA complaint, you may be able to avoid paying double if you can show you carefully considered whether the employee was eligible for FMLA leave …

Different punishments for different infractions are legit

02/01/2008

Fairness and equal treatment are basic tenets of the HR profession. But that doesn’t mean all discipline cases merit equal punishment, even if the offenses are superficially similar. You can—and often must—punish some rule breakers more severely than others. Just make certain you can justify the differences …

Insist on HR oversight of disciplinary investigations

02/01/2008

Does your HR office take an active role in workplace investigations? If not, it should. By centralizing the investigative and decision-making functions, you increase the odds that your organization’s disciplinary decisions will be fair and evenhanded …

Employees have to pick: ADA or state disability discrimination law

02/01/2008

Good news for employers: Employees who claim disability discrimination can’t sue under both state and federal laws. They have to choose whether to sue under the ADA or the North Carolina Persons With Disabilities Protection Act …